KENNEDY v. SUPERIOR COURT

No. C052243.

51 Cal.Rptr.3d 637 (2006)

145 Cal.App.4th 359

Jerry Noble KENNEDY, Petitioner, v. The SUPERIOR COURT of Colusa County, Respondent; The People, Real Party in Interest.

Court of Appeal of California, Third District.

November 30, 2006.


Attorney(s) appearing for the Case

Law Offices of Judd C. Iversen, Judd C. Iversen, San Francisco, and Michael Clough, for Petitioner.

No appearance for Respondent.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Janis Shank McLean and Ward A. Campbell, Supervising Deputy Attorneys General, Eric L. Christoffersen, Deputy Attorney General, for Real Party in Interest.


ROBIE, J.

Penal Code1 section 1054.9 allows persons subject to a sentence of death or life in prison without the possibility of parole to file a motion for postconviction discovery to assist in seeking a writ of habeas corpus or an order vacating the judgment. Such a motion is at issue here. Specifically, petitioner Jerry Noble Kennedy seeks a writ of mandate commanding the trial court to fully grant 35 discovery requests the trial court...

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